Hablamos Español

Close this search box.

Understanding the Role of a Personal Injury Attorney in Negotiations with Insurance Companies

Insurance companies exist to make a profit. One of the ways they do this is by keeping claims payouts as low as possible. When seeking a settlement, it may benefit you to hire legal representation to handle the insurance claims process. 

Working with a lawyer can provide you with an advocate who will look out for your best interests. It can also send a message to the insurance company that you mean business. Continue reading to learn more about the role of a personal injury attorney in negotiations with the insurance company. 

How Can a Personal Injury Attorney Assist With Insurance Negotiations? 

When you work with a personal injury lawyer with our law firm, we can do the following to help you secure a full and fair insurance settlement:

  • Make a liability determination. We can investigate your accident to determine the financially liable parties. We will collect evidence proving that those at fault caused your injuries and damages via their negligence or wrongdoing. 
  • Assess your damages. We will identify and calculate your economic and non-economic damages. We will also gather evidence proving these losses, including bills, pay stubs, receipts, estimates of your expected future costs, and testimony regarding your pain and suffering. 
  • Send a demand letter. The first step in negotiations is sending a demand letter to the insurance company. This letter lays out the facts of your claim, makes a case for liability, outlines your expenses, and asks for a settlement amount. 
  • Fight for the maximum compensation possible. Usually, the demand letter begins a back-and-forth between you and the insurer. The insurance company will counter your offer with a lower number, you will counter that offer, and so on, until you reach an agreement. During this process, we will communicate on your behalf, protecting you from lowball offers, bad-faith tactics, or undue pressure. We will make a strong case proving your right to financial damages.
  • File a lawsuit. We can file a lawsuit if we cannot resolve your claim through insurance negotiations. Once we commence legal action, we will continue to try to obtain a pre-trial settlement. However, we will prepare your case for civil court and represent you at trial if necessary. 

Cases An Injury Lawyer Can Handle

Our team assists with many types of accident injury cases, including but not limited to the following:

What Damages Can You Recover Through Negotiations? 

The primary role of a personal injury lawyer in negotiations with insurance companies is to get the most for your compensation claims. To that end, we will tirelessly pursue financial awards for the following:

  • Current and future medical expenses
  • Lost wages, earnings, and employment benefits
  • Lost future earning capacity
  • Vehicle or personal property damages
  • Physical pain and suffering
  • Mental anguish
  • Emotional distress
  • Diminished quality of life
  • Wrongful death of a loved one

Will the Statute of Limitations Affect Your Insurance Negotiations?

According to CCP § 335.1, you have two years to file a personal injury or wrongful death lawsuit in California. The statute of limitations will affect your insurance negotiations because if you do not settle your claim before time runs out, you will lose your legal leverage. 

If you can no longer sue the insurance company (or their client) for damages, they have no incentive to offer you fair payment. You could end up with little or no compensation and no options for recovering more money.  

Tips for Securing an Advantageous Settlement Agreement

When you hire our firm, we will do everything we can to relieve your legal burden so you can focus on your health and family. However, there are a few simple things you can do to help achieve a successful case outcome:

  • Follow your doctor’s orders. If you have not seen a doctor about your injuries, do so immediately. Seeking treatment protects your health and creates a medical record for your claim. Ensure you follow your doctor’s orders, attend all appointments, and do not engage in activities that could aggravate your condition. 
  • Track your expenses. Keep a record of your out-of-pocket medical expenses and accident-related costs. You can strengthen your claim for pain and suffering compensation by keeping a daily record of your pain levels and mental and emotional state. 
  • Do not accept the insurance company’s initial offer. If an insurance adjuster contacts you, do not go into detail about your injury or your accident. Do not speculate on fault or accept any blame. Most importantly, do not agree to their initial offer, which may be less than you deserve. Instead, direct them to communicate with our legal team. 

KJT Law Group for Help With Your Insurance Negotiations

You do not have to go up against the insurance company alone. KJT Law Group’s experienced personal injury attorneys can handle your insurance negotiations and other case details. Contact us today for a free legal consultation. We serve injured clients on a contingency fee basis. 

We Will Fight For You

Contact our firm to get started.
Please enable JavaScript in your browser to complete this form.